in Re James Kearney

Opinion issued May 28, 2004









In The

Court of Appeals

For the

First District of Texas

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NO. 01–03–01330–CV

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IN RE JAMES KEARNEY, Relator





Original Proceeding on Petition for Writ of Mandamus





MEMORANDUM OPINIONRelator James Kearney has filed a petition for writ of mandamus complaining about the trial court’s order that severed a third party from the underlying lawsuit.           We deny the petition for writ of mandamus and all outstanding motions.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Alcala and Bland.